Category Uncategorized

Zenith’s Newly Appointed Deputy District Judges

Zenith Chambers are proud to announce that the Lord Chief Justice has appointed; Colin Richmond, Ruwena Khan, Chris Rafferty, Mark Henley and Keith Allen as a Deputy District Judge on the North Eastern Circuit. Huge congratulations! Advertisements

EXAGGERATION NOT NECESSARILY FUNDAMENTAL DISHONESTY

Spencer Smith v Ashwell Maintenance Limited (Leicester County Court, 21/1/2019) Claimant who was found to have exaggerated and overstated his difficulties not fundamentally dishonest on the basis that his motive was to convince rather than to deceive The claimant was a qualified gas engineer who, on 14th July 2013 in the course of his employment, […]

FATAL ACCIDENT DAMAGES CONSIDERED: BLAKE -v- MAD MAX LIMITED

In Blake v Mad Max Ltd  [2018] EWHC 2134 (QB) Peter Marquand (sitting as a High Court Judge) considered several disputed aspects of damages in a fatal claim. The judgment provides a useful guide to general damages in mesothelioma cases, it confirms the view that damages cannot be awarded for a “wake” and provides a […]

FUNDAMENTAL DISHONESTY – YOU HAVE BEEN WARNED (HOPEFULLY)

I recently represented a claimant at trial in relation to a personal injury claim arising out of a road traffic accident. The defendant indicated an intention to pursue a finding of fundamental dishonesty. There were certain aspects of the evidence that might have led to such a finding, but such an outcome was far from […]

Withdrawn but not forgotten – Part II: Britned Development Limited v ABB AB & Anor [2018] EWHC 3142 (Ch)

Another case dealing with the thorny issue of withdrawn Part 36 offers is Britned Development Limited v ABB AB & Anor. Here, the Defendant withdrew a Part 36 offer after trial but before judgment. The Claimant was awarded damages in a lower sum and the parties were in a dispute as to the costs consequences. […]

DANGEROUS DRIVING, JOINT CRIMINAL ENTERPRISE and EX TURPI CAUSA DEFENCE: is MENS REA made out?

In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causadefence. Two motorists drove alongside each other on a dual carriageway […]

ZENITH PERSONAL INJURY ANNUAL UPDATE LECTURE: SEE THE PICTURES – DO THE QUIZ

Over a 100 people attended our annual update on the 22nd November.  Thanks to everyone who attended. We hope you had as good as time as we did.  Here are a few pictorial highlights. The course was opened by Gordon who explained that if people stayed to the end they would get Smarties.   This […]